Divorce Allowance and "More Uxorio" Cohabitation: Analysis of Cass. civ., Section I, Order no. 27043/2024
The recent order of the Supreme Court of Cassation, no. 27043 of 2024, offers important insights into the regulation of the divorce allowance and the relevance of "more uxorio" cohabitation. In particular, the Court addressed the issue of the revocation of the divorce allowance in a context where the former spouse receiving it had started a new emotional relationship.
The Case Under Review
In the specific case, A.A. had requested the revocation of the divorce allowance of Euro 1,000 in favour of his ex-wife B.B., arguing that the latter had entered into a new cohabitation with C.C. since 2010. The Court of Appeal of Rome, while acknowledging the new relationship, decided to reduce the allowance to Euro 500, without completely annulling it, establishing that there was insufficient proof of stability in the cohabitation.
The Court clarified that the absence of cohabitation is not, in itself, decisive for assessing the existence of a de facto family.
Legal Principles Applied
The ruling reiterates some fundamental principles regarding the divorce allowance. According to established case law, the establishment of a stable de facto cohabitation can affect the right to the allowance, without, however, leading to its automatic cessation. In fact, as stated by the Court, it is necessary to consider:
- Rigorous proof of a new life project with the new partner;
- Reciprocal economic contributions and duties of assistance;
- Overall assessment of the evidence and indications presented in court.
Conclusions
In conclusion, Order no. 27043/2024 of the Court of Cassation underscores the importance of a comprehensive and rigorous assessment of evidence in determining the divorce allowance. The Court clarified that, although cohabitation may constitute an evidentiary element, it is not the sole aspect to consider. The emphasis placed on the need to demonstrate a genuine community of life and economic commitments represents an important step towards greater equity in decisions concerning the divorce allowance, reflecting an evolution in case law on the matter.
